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Holding Property Owners Accountable When Inadequate Security Leads to Violence

If you were assaulted, shot, robbed, or otherwise harmed by a criminal act on someone else's property — an apartment complex, hotel, gas station, nightclub, or parking deck — the person who attacked you may not be the only one responsible. Georgia law requires property owners to take reasonable steps to protect the people they invite onto their premises. When they ignore known dangers to save money on lighting, gates, cameras, or security staff, victims pay the price. At Thomas Kennedy Sampson & Tompkins LLP, we bring more than 50 years of premises liability experience to negligent security cases across Atlanta and the State of Georgia.

Call (404) 688-4503 or request a free consultation today. You pay nothing unless we recover for you.

What Is Negligent Security in Georgia?

Negligent security is a type of premises liability claim. Under O.C.G.A. § 51-3-1, owners and occupiers of land owe invitees — tenants, customers, hotel guests, and other lawful visitors — a duty to exercise ordinary care to keep the premises and approaches safe. That duty includes protecting visitors from foreseeable criminal acts by third parties.

A negligent security claim says, in essence: the property owner knew (or was legally on notice) that violent crime was a real risk on this property, had the ability to reduce that risk through reasonable security measures, and failed to act. Common security failures include:

  • Broken gates, locks, or access controls at apartment communities and parking structures
  • Inadequate or non-working lighting in parking lots, stairwells, and walkways
  • No security personnel — or untrained, understaffed, or inattentive guards — despite a history of crime on the property
  • Non-functioning surveillance cameras or cameras that are never monitored
  • Ignoring prior incidents: failing to respond to earlier assaults, robberies, shootings, or break-ins on or near the property
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Georgia's New Negligent Security Law: What SB 68 Changed

In April 2025, Georgia enacted Senate Bill 68, a sweeping tort reform law that directly reshaped negligent security claims. For causes of action arising after the law's effective date, victims must now meet a heightened foreseeability standard. In general, a property owner may be held liable to an invitee only where there was:

  • A specific warning of imminent harm the owner actually knew about, or
  • Prior substantially similar crimes on the property that the owner knew about, or
  • Prior substantially similar crimes within 500 yards of the property that the owner actually knew of, or
  • Prior conduct by the same perpetrator that the owner knew or should have known about.

SB 68 also requires juries to apportion fault between the property owner and the criminal who committed the act — and creates a presumption that a verdict is unreasonable if the perpetrators are assigned less total fault than the owner and its security contractors. We break the new law down in plain English in our guide: How Georgia's SB 68 Tort Reform Changed Negligent Security and Premises Liability Claims.

What this means for victims is simple: negligent security cases are still winnable in Georgia, but the margin for error is gone. Evidence of prior crimes, police call logs, and the owner's actual knowledge must be developed early and precisely. These cases now demand experienced trial counsel from day one.

Where Negligent Security Incidents Happen in Atlanta

Our firm represents victims of violent crime enabled by security failures at properties including:

  • Apartment complexes and student housing
  • Hotels, motels, and extended-stay properties
  • Gas stations and convenience stores
  • Bars, nightclubs, and restaurants
  • Shopping centers, grocery stores, and retail parking lots
  • Parking decks and garages
  • Office buildings, event venues, and concert spaces

Negligent security injuries are often severe — gunshot wounds, traumatic brain injuries, spinal cord injuries, and other catastrophic injuries. When a family loses a loved one to violence that adequate security should have prevented, we pursue justice through a wrongful death claim.

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What Compensation Can You Recover?

Depending on the facts of your case, a negligent security claim may recover compensation for medical expenses, future care, lost income and earning capacity, pain and suffering, emotional trauma (including PTSD), and, in fatal cases, the full value of the life of the deceased. For a realistic look at how Georgia juries and insurers value injury claims, see our guides on what compensation you can claim after a personal injury in Georgia and how much a personal injury case is worth in Georgia.

Why Choose Thomas Kennedy Sampson & Tompkins LLP

Over 50 years of Georgia trial experience

Founded in 1971, TKST is the oldest Black-owned law firm in Georgia and has handled hundreds of premises liability matters, from slip-and-falls to high-profile wrongful death litigation.

Real courtroom credibility

Property owners and insurers know which firms try cases. Our attorneys have litigated complex, high-stakes premises matters — including litigation arising from the 2005 Fulton County Courthouse shooting.

Resources to build the record SB 68 demands

We work with security experts, criminologists, and investigators to document prior crimes, police reports, and the owner's knowledge — the evidence that now decides these cases.

No fee unless we win

Your consultation is free, and we handle negligent security cases on contingency.

Act Quickly — Evidence and Deadlines Matter

Georgia generally allows two years from the date of injury to file a personal injury or wrongful death lawsuit (see our guide on how long you have to file a personal injury claim in Georgia), but the practical deadline is much shorter. Surveillance footage is routinely overwritten within days, incident reports disappear, and witnesses move. Contact us as soon as possible so we can send preservation letters and secure the evidence your claim depends on.

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Talk to an Atlanta Negligent Security Attorney Today

You were entitled to a safe property. If an owner’s security failures let violence reach you or your family, contact Thomas Kennedy Sampson & Tompkins LLP at (404) 688-4503 for a free, confidential consultation.

Frequently Asked Questions About Negligent Security in Georgia

Possibly. If the complex had actual knowledge of prior substantially similar crimes on the property (or within 500 yards) and failed to take reasonable security measures, you may have a negligent security claim under Georgia law. An attorney needs to evaluate the property's crime history quickly.

Yes. A negligent security claim targets the property owner's failure to protect you — not the criminal's identity. The perpetrator does not need to be arrested or convicted, although under SB 68 the jury will be asked to apportion a share of fault to the perpetrator.

No. SB 68 raised the proof requirements — particularly around foreseeability and apportionment of fault — but victims with strong evidence of prior crime and owner knowledge can still recover. The law makes early investigation and experienced counsel more important, not less.

Police call logs and crime data for the address and surrounding area, prior incident reports, surveillance footage, lease files and security contracts, maintenance records for gates and lighting, internal emails, and testimony from security experts.

Generally two years from the date of the injury or death under Georgia law, with limited exceptions. Evidence preservation deadlines are far shorter — contact a lawyer immediately.

Nothing up front. We handle negligent security cases on a contingency fee basis — you owe attorney's fees only if we recover compensation for you.